LICENCE AGREEMENT AND TERMS AND CONDITIONS OF USE
o
f VE Vision Education GmbH

FN 462915h
Reisnerstraße 50/13
A-1030 Vienna

(If these General Business Terms and Conditions (AGB) are available in other languages, the German-language version shall apply in case of any doubt)

Version 23rd July 2017

 

1. PREAMBLE

A. These terms and conditions are based on a contract (the “Agreement” as follows) between you – the user (henceforth the “User”) and VE Vision Education GmbH (henceforth the “Operator“).

B. By clicking on the “Buy” button in the Apple App-Store and enter your password or touch ID or by clicking the “buy” button after entering your password in Alphabet’s “Google Play” Store, or by clicking the download button on our website, you make an offer subject to this agreement as a purchaser which arises with the start of the download (§ 864 Civil Code ABGB).

C. Third-party licence holders, advocacy groups, trainers or similar third parties may acquire licenses as part of their own licence agreement in their own name at their own cost as a means of obtaining access codes which can be used by users to unlock app functions and the Operator’s other products/services. A separate claim or obligation shall not arise to the User from the relationship between third-party licence holder and Operator.

2. DEFINITION OF TERMS

2.1 App, Online Platform

The Operator provides access to a program (an “App”) for Apple iOS and Google Android and – where applicable – as an online platform in the form of infrastructure which, in general terms, supports language learning and knowledge management.

2.2 Service

A service consists of a number of vocabulary items with images, sounds and examples of use which can be learnt using various techniques.

2.3 Overall Product

The app, online platform and service and all other performances on which this agreement is based as provided by the Operator are together termed the “Overall product”.

2.4 Device

Device means any physical or virtual device that can process data with the aid of a programmable algorithm.

2.5 Licence

Licence is a name for the right to use the software as per this agreement. The licence sets out the type and scope of the right to use this software.

2.6 User-account

The use of our services and access to our content requires a personal user account. This user account consists of the User’s email address and a personal password.

2.7 Registration Data

The data needed to register a user account: First name, last name, address, date of birth. The Operator reserves the right to refuse an individual User’s registration or to reject the status of a trainer/third-party licence holder without needing to specify reasons. By registering, the user accepts the General Terms and Conditions of Business (AGB) and Privacy policy.

2.8 Technical Data

Information which cannot be used to identify you. This includes technical data about your device and operating system.

2.9 Third-Party Licence Agreement and Third-Party Licence

Third-parties, such as employers, advocacy groups, schools, trainers or similar third parties (“third party licence holders”) may obtain third-party licences as a means of unlocking special content (“Third-party licence agreement”) for the benefit of the User for the purpose of the individual training as part of a separate licence agreement. The third-party licence holder receives unlock codes which the user of the current agreement can use to unlock functions of the app and other offers from the operator.

3. LICENCE SCOPE AND CONTRACT IN FAVOUR OF THIRD PARTIES

3.1 The Operator shall provide the user with a non-transferable licence for use of the Overall Product in the scope permitted by the usage terms.

3.2 The conditions of this agreement apply for all content, materials or services to which the User can access via the app or online platform or which can be purchased within the app or online platform, and all upgrades made available by the operator which replaces or adds to the original app provided that a particular upgrade is not associated with its own agreement.

3.3 The Operator strives to make his apps available for many devices and the latest versions of iOS and Android, as well as any other platforms and operating systems. The Operator does not assume any obligations in terms of performance beyond the above. In particular, the user has no claim to the constant availability of the apps or particular functionality.

3.4 The User may not transfer, redistribute or sub-licence the app. If the User gives his device to third parties either for a fee or free-of-charge for a longer period of time, or the User disposes of the device, he will need to remove the app from the device first.

3.5 The User is not allowed to reproduce the app or any updates or parts thereof (except when the redistribution is permitted or within the realm of this licence or for technical reasons). It is also not allowed to disassemble the app, to change the app or to create works derived from it.

3.6 A third-party licence contract which gives the User access to other content and offers from the Operator represents a non-genuine contract in favour of a third party. The offered content from a third-party licence agreement may therefore vary or be removed without the User deriving any personal claim from it.

3.7 The Overall Product uses a range of open-source software from third-party providers whose licence agreements are listed in Annex 1.

4. PRECONDITIONS OF USE

4.1 Compatible hardware, software (the most recent version recommended and may be necessary) and Internet access (fees may apply) is required. The functionality of our services may be influenced by these factors. Offline use is not permitted.

4.2 A preconditions of use is full registration of a user account beforehand as per 5 of the agreement.

4.3 A special fee need not be paid in order to use the basic version of the app or download version. In addition, the Operator is operated other additional services from the app or via the online platform. Fees may apply when taking up such extra services (e.g. additional or native languages, additional dictionaries, or additional course manuals).

5. PRICES + PAYMENT METHODS

5.1 The prices for chargeable produces/services are itemised during the order process. They can also be seen in the price-service breakdown on the website or in the app.

5.2 For fixed-term contracts in which an extension is enabled, the given price is billed for the term concerned. If the User took advantage of a price discount dependent on certain requirements, this discount will not be granted automatically after an automatic extension if the same requirements are no longer in effect at the time of the extension.

5.3 The indicated prices are overall prices for the term of the contact and in the local currency, including applicable VAT. The prices at the time the order was made shall apply.

5.4 Price information for offers must generally be understand as payment for making the offers available and the opportunity for use during the given term. The payment does not include payment for the sending of data via the mobile phone provider chosen by the users or the Internet service provider (data transfer fees).

5.5 Invoices are issued digitally. No invoices are issued in paper form.

6. REGISTRATION

6.1 In order to register a user account, a user name, a valid email address and other registration data required during the registration procedure for the app and online platform as per 2.7. Users are only allowed to register once. During activation of the user account, the User is sent a confirmation email which the user must confirm his data and email address. After successful confirmation, the User can use his user account to ‘dial into’ the Operator’s online database.

6.2 The User is responsible for keeping his password and account secret. The User also assumes full responsibility for all activities which take place in his account. An account is for personal use only and is non-transferable. The User must notify the operator immediately about any unauthorised use of his password or account or other security infringement. He does so via the following email address support@visioneducation.net or following fax number: +49 30 417075-339.

6.3 The User is required to enter true, up-to-date and complete information about himself and to maintain and update his registration data so that such data always remain true, up-to-date and complete.

6.4 The Operator reserves the right to close or block a User’s account which used or uses a chargeable service without permission or illegally.

6.5 The User will not assume any liability for loss or damage arising due to non-compliance with these guidelines.

7. INTELLECTUAL PROPERTY

The User accepts that all intellectual property rights arising from the rendering of the Overall Product and any software required for usage of the service and all content in the app and online platform (including text, videos, images or other material) – with the exception of user content – belong to the Operator and the Operator, and that the Operator and his operators reserve the right to all intellectual property rights over the Overall Product.

8. GUARANTEE & LIABILITY LIMITATIONS

8.1 The User concedes that, despite exercising utmost conscientiousness and care, it is not possible to rule out programme bugs with 100% reliability based on the current state of technology.

8.2 If the User is a consumer within the meaning of § 1 Consumer Protection Act (KSchG), damage compensation claims due to slightly negligent behaviour of the operator or his vicarious agents is excluded. This excludes damage compensation claims of the operator for compensating for injury to the user’s person.

8.3 If the User is not a consumer within the meaning of § 1 Consumer Protection Act (KSchG), damage compensation claims against the operator are generally excluded unless the damage is the result of an intention damage from the operator or his assistants. User’s guarantee clams are also excluded. Contestation of the contract by the user or due to frustration of contract on the part of the user is excluded.

8.4 Contestation of the contract for laesio enormis (avoidance of more than one half) is excluded for consumer business transactions and mutual business-related businesses.

9. CHANGING OR CONFIGURING THE OFFER

9.1 The Operator is entitled to make changes to his apps and the online platform at any time.

9.2 The Operator is entitled to remove his apps from the Google Play Store or Apple App Store at any time. The last available version of installed apps remain available on the user’s devices. This installed version can cease to work after updates to the device’s operating system.

10. LINKS TO THIRD-PARTY WEBSITES OR APPLICATIONS

Links to websites or apps belonging to other companies in the apps or online platform (third-party service providers) are provided in the user’s interests only. When the User clicks on some links he is taken to the Operator’s app or online platform. The Operator does not have any influence over these websites or apps, nor the content therein. He cannot assume any responsibility for the same. Access to a third-party’s website or app from a link within this app or the online platform is at the user’s sole discretion.

11. ADVERTISING

11.1 The User agrees that the app and online platform may have advertising and also that this advertising is necessary for the operator to be able to provide these services. By using the app and online platform, the Operator agrees that the Operator/advertising clients and sponsors are entitled to publish such advertising with or without prior warning and without damage. The Operator is free to change the type and scope of the advertising published by the Operator and his sponsors at any time.

11.2 The written correspondence and business transactions with advertisers the User found by way of the Operator’s service, as well as his participation in his advertising campaigns, including payment for associated goods and all conditions associated with these business transactions; guarantees or warranties apply exclusively between the User and the advertising firm concerned. The User agrees that the Operator is neither responsible nor liable for any losses and damages of whatever kind arising on account of these business relationships or the presence of such advertisers in the app or on the online platform

11.3 With the extra agreement from the user, the Operator is entitled to send newsletters with offerings from advertiser, cooperation, licence and sponsoring partners.

12. TERMINATION

12.1 The User can close his account at any time using if required the termination function in the “Settings” area of his profile, and terminate the use of the app and online platform accordingly. The Operator can also temporarily block access to the app or online database or to the Overall Product or terminate the contract. The notice of termination will be sent to the email address entered by the user. If it is not possible to send the notice, e.g. Because the email address is unreachable, the termination will proceed by implication. In particular, the Operator is entitled to terminate the contract if the user does not agree to any change made to the General Terms and Conditions of Business or the privacy policy or refuses to give his permission for the transfer of his data to third parties.

12.2 After termination, the user will no longer have access to his profile; all information contained therein will be deleted by the Operator subject to and according to the provisions in of 12.3 of this agreement.

12.3 The User agrees that his account can be terminated when the operator has reason to believe that the user is infringement of the terms and conditions of use or has acted in contravention to them. After such a termination, the Operator can delete the user’s content including profile subject to and according to the provisions in of 12.3 of this agreement.

12.4 If the Operator terminates the contract as per 11.3, the Operator also has the right to terminate all other contracts in connection with the deleted profile without notice. Such an termination can be expressed or implied.

12.5 If a third-party licence agreement is terminated for whatever reason in full or with respect to the User, the User’s access to the content as a result of the third-party licence will be blocked. Further, third-party licences can be restricted to the duration of the training relationship, employment contract or in some other way.

13. PRIVACY

13.1 Registration data needs to be collected for the successful provision of the Overall Product. Such data includes information used to identify the user (“Personal data”). Information entered directly by users include: Name, date of birth, residential address, email address]. The data collected are saved and processed during performance of the contract. After the termination of the contract, the collected personal data will be deleted subject to and according to the provisions in 12.3.

13.2 Further, the Operator is entitled to collect technical data. Such data includes device identification, user settings and the operating system of the User’s device. The collected data are aggregated and are used as an add to get information about how the Overall Product is used as a means of improving and managing the use of our services. Personal data are not included in this process.

13.3 If User or Operator makes use of his right of termination and the contract comes to an end after expiry or another reason, all personal data relating to the user will be deleted where such data are not required:

   a. To assert, exercise or defend the legal claims of the operator or third parties;

   b. To exercise the right of free expression and information about

   c. To meet a legal obligation to save such data based on the laws of the European Union or national law.

14. APPLICABLE LAW AND PLACE OF JURISDICTION

14.1 This contract is subject to Austrian law with the exception of the non-mandatory cross-reference laws and with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG) from 11/4/1980 (UN Sales law).

14.2 For all legal disputes from or in association with this contract, including whether a valid contract has been brought about, whether it has been fulfilled and terminated, its pre- and post-contractual effects, are the exclusive responsibility of the competent court at 1010 Vienna, Austria (the Exclusive Place of Jurisdiction).

14.3 If the User is a consumer, he will also be entitled to bring a legal action against the Operator before the court where the user is normally resident, as well as the at the exclusive place of jurisdiction. Legal action can only be brought against the User – as a consumer – at the responsible court for his place of residence.

15. SEVERABILITY CLAUSE

In the event any one or more of the provisions of these terms and conditions of business shall be or retrospectively become invalid, illegal or unenforceable, this shall not affect the remaining provisions.

16. ANNEX 1, List of Licence Rights of Third party licence holders:

16.1 MIT License:

Copyright (c)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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16.2 BSD 3-clause Licence:

Copyright (c)

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  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
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